Implementing Recommendation of the 9/11 Commission Act of 2007

On August 3, 2007 President George Bush signed legislation that has profound implications for all private sector business in the United States. Entitled “Implementing Recommendation of the 9/11 Commission Act of 2007”,(a.k.a – PL 110-53), this newly enacted law provides up to $21 billion in grants and other forms of funding over the next five fiscal years (ending September 30, 2012) to improve the responsiveness of many “Critical Infrastructure Sectors” and specifies new initiatives in security.

As defined in this Act, the following are considered Critical Infrastructure Sectors:

Agriculture and Food Resources

Banking and Finance Industry

Chemical Industries

Commercial Nuclear Reactors, Materials and Waste

Dams and Other Flood Control Systems

The Defense Industry Base

Energy Services and Transmission

Emergency Services

Government Facilities

Information Technology

National Monuments and Icons

Postal and Shipping Facilities

Public Health and Healthcare

Telecommunications

Transportation Systems

Water Resources

Scope of PL 110-53

The Act consists of twenty-four Titles, each of which either modifies an existing Statute or addresses other aspects of the recommendations of the 9/11 commission.

TITLE I—HOMELAND SECURITY GRANTS

TITLE II—EMERGENCY MANAGEMENT PERFORMANCE GRANTS

TITLE III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

TITLE IV—STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

TITLE V—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

TITLE VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

TITLE VII—STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

TITLE VIII—PRIVACY AND CIVIL LIBERTIES

TITLE IX—PRIVATE SECTOR PREPAREDNESS

TITLE X—IMPROVING CRITICAL INFRASTRUCTURE SECURITY

TITLE XI—ENHANCED DEFENSES AGAINST WEAPONS OF MASS
DESTRUCTION

TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION
SHARING

TITLE XIII—TRANSPORTATION SECURITY ENHANCEMENTS

TITLE XIV—PUBLIC TRANSPORTATION SECURITY

TITLE XV—SURFACE TRANSPORTATION SECURITY

TITLE XVI—AVIATION

TITLE XVII—MARITIME CARGO

TITLE XVIII—PREVENTING WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM

TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

TITLE XX—9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

TITLE XXI—ADVANCING DEMOCRATIC VALUES

TITLE XXII—INTEROPERABLE EMERGENCY COMMUNICATIONS

TITLE XXIII—EMERGENCY COMMUNICATIONS MODERNIZATION

TITLE XXIV—MISCELLANEOUS PROVISIONS

Background

The bill was sponsored by Representative Bennie Thompson of Mississippi. Two hundred and five others signed on the bill as co-sponsors – indicating strong support for the proposed measures. With the support of Majority Leader Nancy Pelosi, this Act was designated as House Bill #1 and passed a roll call vote of the House of Representatives on January 9, 2007. The vote was 299 in favor, 128 against and 8 Not Voting.

On July 9th, a version of the bill passed the Senate by Unanimous Consent. A detailed record of those voting was not kept.

July 26, 2007 the Bill passed a joint conference committee of the House and Senate by a vote of 85 to 8 with 7 Not Voting.

A final vote was put the entire Congress. The Bill passed with a vote of 371 in favor, 40 against and 22 record as Not Voting.

From a geographical standpoint, the Senate, which is reflective of the various House votes, can be represented graphically as follows:

The Bill enjoyed bi-partisan support as indicated by the final vote

Total Votes

Democrats

Republicans

Independents

For The Bill

371 (86%)

221

150

0

Against the Bill

40 ( 9%)

1

39

0

Not Voting

22 ( 5%)

9

13

0

On August 3, 2007 President Bush signed the Bill into law.

The Congressional Budget Office estimates that this measure will cost the average American family $212.60 over the course of the next five years.

In an effort to provide interested parties with a better understanding of this important legislation, North River Solutions has assembled this summary of the Act. Much of the information contained in this report is taken from a summary analysis prepared by the Congressional Research Service.

Title I – Risk-Based Allocation of Homeland Security Grants

Section 101 –

Amends the Homeland Security Act of 2002 (HSA) to set forth provisions governing Department of Homeland Security (DHS) grants for first responders pursuant to the State Homeland Security Grant Program, Urban Area Security Initiative, and Law Enforcement Terrorism Prevention Program to prevent, prepare for, respond to, mitigate against, or recover from terrorist attacks. Directs the Secretary of Homeland Security (the Secretary) to: (1) evaluate and prioritize applications based on the degree to which applicants would lessen the threat to persons and critical infrastructure; and (2) ensure that each state receives no less than .25% of grant funds available in a fiscal year (.45% for international border states). Lists: (1) critical infrastructure sectors and types of threats that the Secretary shall specifically consider; and (2) minimum allocation amounts for states, territories, and directly eligible tribes.

Specifies authorized uses of covered grants. Prohibits the use of grant funds to supplant state or local funds, to construct physical facilities, to acquire land, or for any state or local government cost sharing contribution. Establishes requirements for intelligence analysts. Authorizes covered grant applicants to petition the Secretary for reimbursement of the costs of any activity relating to terrorism prevention, preparedness, response, or recovery that is a federal duty being performed by a state or local government under agreement with a federal agency. Sets the federal share of the costs of activities carried out under covered grants at 100% for the two-year period following enactment of this Act and at 75% thereafter. Requires each covered grant recipient to submit annual reports on homeland security spending. Establishes penalties for states that fail to pass through funds or resources to local governments, first responders, and other local groups, as required by this Act.

Requires the Secretary to report to Congress on grant program activities annually.

Title II – Ensuring Communications Interoperability for First Responders

Section 201 –

Amends HSA to direct the Secretary, acting through the Director of the Office of Grants and Training in coordination with the Director for Emergency Communications, to establish the Improve Communications for Emergency Response Grant Program to make grants to states and regions to carry out initiatives to improve interoperable emergency communications.

Title III – Strengthening Use of a Unified Incident Command During Emergencies

Section 301 –

Amends the Department of Homeland Security Appropriations Act, 2007 to require that the national exercise program (to test and evaluate the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies): (1) be designed to provide for systematic evaluation of readiness and enhance operational understanding of the Incident Command System and relevant mutual aid agreements, address the unique requirements of special needs populations, and include the prompt development of after-action reports and plans for quickly incorporating lessons learned into future operations; and (2) provide assistance that includes a selection of model exercises that state, local, and tribal governments can readily adapt. Includes among the responsibilities of the Regional Administrators of the Federal Emergency Management Agency (FEMA) assisting state, local, or tribal governments to pre-identify and evaluate suitable sites where a multi-jurisdictional unified command system can be quickly established if the need arises.

Title IV – Strengthening Aviation Security

Section 401 –

Directs the Secretary to submit to Congress a cost sharing study regarding installation of in-line baggage screening equipment, together with the Secretary’s analysis, a list of provisions of the study the Secretary intends to implement, and a plan and schedule for implementation.

Section 402 –

Extends the authorization for the Aviation Security Capital Fund.

Section 403 –

Establishes in DHS the Checkpoint Screening Security Fund. Directs the Secretary to impose a uniform fee on air passengers for deposit into the Fund, from which amounts shall be available for research, development, purchase, deployment, and installation of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives.

Section 404 –

Directs the Assistant Secretary for Homeland Security (TSA) to submit to Congress the strategic plan for deployment and use of explosive detection equipment at airport screening checkpoints.

Section 405 –

Extends the authorization for aviation security funding.

Section 406 –

Requires the Secretary to: (1) establish a system to inspect 100% of cargo transported on passenger aircraft, phased in over a three-year period, and report to Congress; and (2) submit to Congress and the Comptroller General a report regarding an assessment of each exemption granted and an analysis to assess the risk of maintaining such exemption. Directs the Comptroller General to review the report and provide to Congress an assessment of the methodology of determinations made by the Secretary for maintaining, changing, or eliminating an exemption.

Section 407 –

Directs the Secretary to establish: (1) a timely and fair process for individuals who believe they have been delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat; and (2) an Office of Appeals and Redress to oversee the process. Provides for recordkeeping and information sharing to allow the Transportation Security Administration (TSA) or other agencies to assist air carriers in improving their administration of the advanced passenger prescreening system and reducing the number of false positives. Requires the Office to establish at each airport at which DHS has a significant presence a process to allow air carrier passengers to begin the appeals process.

Section 408 –

Repeals certain personnel management authorities, including a provision authorizing the Under Secretary of Transportation for Security to employ and fix the compensation, terms, and conditions of employment for screeners. Directs: (1) the Secretary to take any measures necessary to provide for the uniform treatment of all TSA employees; and (2) the Government Accountability Office (GAO) to report to the House and Senate homeland security committees on the pay system that applies to TSA employees.

Section 409 –

Directs the Secretary to submit to Congress a plan that: (1) describes the system to be used by DHS to compare passenger information to the automatic selectee and no fly lists, utilizing the consolidated and integrated terrorist watchlist; (2) provides a projected timeline for testing and implementating the system; (3) explains how the system will be integrated with the prescreening system for passengers on international flights; and (4) describes how the system complies with the Privacy Act of 1974.

Title V – Strengthening the Security of Cargo Containers

Section 501 –

Permits a container to enter the United States, either directly or via a foreign port, only if the container is: (1) scanned with equipment that meets standards established by the Secretary, including for the use of technology to scan for radiation, density, and atomic elements; and (2) secured with a seal that meets standards established by the Secretary, including for the use of technology to detect and identify the time of any container breach. Authorizes appropriations. Phases in application of this requirement. Encourages the Secretary to promote and establish international standards for container security with foreign governments and international organizations.

Title VI – Strengthening Efforts to Prevent Terrorist Travel

Subtitle A – Human Smuggling and Trafficking Center Improvements

Section 601 –

Directs the Secretary, acting through the Assistant Secretary of Homeland Security for Immigration and Customs Enforcement (ICE), to: (1) provide specified administrative support and funding to the Human Smuggling and Trafficking Center; (2) develop a plan; and (3) and execute, with the Attorney General, a Memorandum of Understanding to clarify cooperation and coordination between ICE and the Federal Bureau of Investigation (FBI) regarding issues related to human smuggling, human trafficking, and terrorist travel. Requires the Office of Intelligence and Analysis (renamed under section 741), in coordination with the Center, to submit to law enforcement and relevant agencies periodic reports regarding terrorist threats related to such smuggling, trafficking, and travel.

Subtitle B – International Collaboration to Prevent Terrorist Travel

Section 611 –

Directs the Secretary of State and the Secretary, in conjunction with the Director of National Intelligence and other federal agency heads, to report to Congress on U.S. efforts to collaborate with international partners and allies to increase border security, enhance global document security, and exchange terrorist information.

Subtitle C – Biometric Border Entry and Exit System

Section 621 –

Directs the Secretary to report to the House and Senate homeland security committees on the plan to accelerate implementation of an automated biometric entry and exit data system.

Title VII – Improving Intelligence and Information Sharing with Local Law Enforcement and First Responders

Subtitle A – Fusion and Law Enforcement Education and Teaming (FLEET) Grant Program

Section 702 –

Directs the Secretary to carry out a Fusion and Law Enforcement Education and Teaming (FLEET) Grant Program for local and tribal law enforcement agencies to detail law enforcement personnel to participate in a fusion center that serves such agency’s geographic area. Authorizes grants to: (1) hire or pay personnel to perform the duties of eligible law enforcement personnel who are detailed to a fusion center; (2) provide training; and (3) establish communications connectivity between detailed law enforcement personnel and the home agency.

Requires the Secretary to submit a FLEET Grant Program implementation plan to Congress and encourage the participation of fusion centers and local and tribal law enforcement in developing such plan. Requires all detailed personnel to undergo privacy and civil liberties training. Sets forth requirements regarding applications, grant distribution, priorities, matching funds, grant renewal, revocation or suspension of funding, and reports to the Secretary and to Congress. Directs the Secretary to: (1) create a mechanism for participating state, local, and tribal law enforcement officers and intelligence analysts to fill out an electronic customer satisfaction survey and to periodically assess program effectiveness; and (2) submit a continuation assessment to Congress five years after program implementation.

Subtitle B – Border Intelligence Fusion Center Program

Section 712 –

Establishes in DHS the Border Intelligence Fusion Center Program to station Customs and Border Protection (CBP) and ICE officers or intelligence analysts in the fusion centers of participating border states. Makes funding available to hire new CBP and ICE officers or intelligence analysts to replace those stationed at such centers. Authorizes the Secretary to develop qualifying criteria for a center’s participation in the Program. Provides for stationing at least one CBP and one ICE officer or analyst at each participating center. Sets forth provisions regarding prerequisites for participation and expedited security clearance processing.

Directs CBP officers and analysts assigned to centers to: (1) help law enforcement in jurisdictions along the northern and southern borders and center staff to overlay threat and suspicious activity with federal homeland security information to develop a more comprehensive and accurate threat picture; and (2) review border security-relevant information from law enforcement sources, create border intelligence products, and disseminate such products to border law enforcement, as well as to DHS’s Office of Intelligence and Analysis. Grants them direct access to relevant databases. Directs the Secretary to create a customer satisfaction survey, develop an implementation plan, and submit various reports and a continuation assessment to Congress.

Subtitle C – Homeland Security Information Sharing Enhancement

Homeland Security Information Sharing Enhancement Act of 2007

Section 722 –

Directs the Under Secretary for Intelligence and Analysis (as renamed in section 741) to implement a Homeland Security Advisory System to provide public advisories and alerts regarding threats to homeland security, including national, regional, local, and economic sector advisories and alerts.

Section 723 –

Directs the Secretary to: (1) integrate and standardize the information of DHS intelligence components into an information sharing environment, to be administered by the Under Secretary; and (2) designate an information sharing and knowledge management officer for each component who shall report to the Under Secretary regarding coordinating the different systems used in DHS to gather and disseminate homeland security information.

Directs the Under Secretary to: (1) establish a DHS-wide procedure for the review and analysis of information gathered from state, local, tribal, and private sector sources and integrate such information with federal agency information; (2) provide training and educational opportunities to DHS employees; and (3) evaluate how employees of the Office and DHS intelligence components are utilizing homeland security information and participating in the information sharing environment.

Directs the Secretary to: (1) establish a comprehensive information technology network architecture for the Office; and (2) report to Congress.

Renames: (1) the Directorate for Information Analysis and Infrastructure Protection as the Office of Intelligence and Analysis; and (2) the Under Secretary for such Directorate as the Under Secretary for Intelligence and Analysis. Expands the intelligence-related duties of the Under Secretary. Establishes within the Office an Internal Continuity of Operations Plan to assure the continuation of intelligence operations during emergencies.

Section 742 –

Specifies the responsibilities of each DHS intelligence component. Directs the Secretary to provide training for employees.

Section 743 –

Establishes within DHS an Office of Infrastructure Protection, headed by an Assistant Secretary. Delineates the Assistant Secretary’s responsibilities, including carrying out comprehensive assessments of the vulnerabilities of, and recommending measures to protect, key resources and critical infrastructure.

Amends the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) to make the Privacy and Civil Liberties Oversight Board an independent agency within the executive branch to be composed of a full-time chairman and four additional members. Requires the Board to: (1) receive and review reports from privacy and civil liberties officers; and (2) report at least semiannually to specified congressional committees on Board activities and specified other matters.

Requires the Attorney General, the Secretaries of Defense, State, Treasury, Health and Human Services, and Homeland Security, the National Intelligence Director, the Director of the Central Intelligence Agency (CIA), any other intelligence community entity, and any other executive branch element designated by the Board to designate a senior officer to: (1) assist in considering privacy and civil liberties concerns when proposing, developing, or implementing efforts to protect the nation against terrorism; (2) periodically investigate and review actions, procedures, guidelines, and related laws and their implementation to ensure adequate consideration of privacy and civil liberties; (3) ensure adequate complaint procedures; and (4) consider whether proposals to retain or enhance a particular governmental power actually enhance security and whether there is adequate supervision to protect privacy and civil liberties and adequate guidelines and oversight.

Makes exceptions where there is a statutorily created privacy or civil liberties officer. Prohibits reprisals for making complaints, with exceptions. Requires: (1) periodic reports; (2) privacy and civil liberties officers to keep the public informed, consistent with the protection of classified information and applicable law; and (3) the Secretary to ensure that DHS complies with protections for human research subjects.

Subtitle B – Enhancement of Privacy Officer Authorities

Privacy Officer With Enhanced Rights Act of 2007 or the POWER Act –

Section 812 –

Amends HSA with respect to the authorities of the DHS privacy officer. Authorizes such officer to: (1) have access to all records and other materials available to the DHS relating to programs and operations for which the privacy officer has responsibilities; (2) make necessary or desirable investigations and reports on the administration of DHS programs and operations; (3) subpoena necessary data and documentary evidence; and (4) take any other action that may be taken by the Inspector General of DHS to require DHS employees to produce documents and answer questions relevant to performance of the privacy officer’ s functions. Requires the officer to report to Congress regarding such officer’s performance, without comment or amendment by any officer or employee of DHS or the Office of Management and Budget (OMB).

Title IX – Improving Critical Infrastructure Security

Section 901 –

Directs the Secretary, acting through the Assistant Secretary for Infrastructure Protection, to prepare and report annually to Congress on a vulnerability assessment of the critical infrastructure information available to the Secretary for a fiscal year.

Section 902 –

Directs the Secretary to: (1) establish, maintain, and annually update a National Asset Database to identify and prioritize critical infrastructure and key resources and protect them from terrorist attack; (2) establish within that Database a National At-Risk Database identifying the infrastructure most at risk; (3) establish a National Asset Database Consortium to advise the Secretary on the best way to identify, generate, organize, and maintain such databases; (4) remove from the databases assets determined to be unverifiable; (5) classify assets in the Database according to the 17 sectors listed in the National Infrastructure Protection Plan; (6) identify and evaluate key milestones for the databases and issue guidelines for states to submit uniform information for possible inclusion and for review of submissions by DHS; and (7) report annually to the homeland security committees.

Title X – Transportation Security Planning and Information Sharing

Section 1001 –

Directs the Secretary to: (1) establish a Strategic Transportation Security Information Sharing Plan to ensure the robust development of tactical and strategic intelligence products for disseminating to public and private stakeholders security information relating to threats to and vulnerabilities of transportation modes; (2) report to Congress, including updates on implementation and an annual report; (3) conduct an annual survey of satisfaction of each of the recipients of transportation intelligence reports disseminated under the plan and include the results in the annual report; (4) ensure that public and private stakeholders have security clearances needed to receive classified information if information contained in transportation intelligence reports cannot be disseminated in an unclassified format; and (5) provide stakeholders with specific and actionable information in an unclassified format.

Section 1002 –

Requires transportation modal security plans to address risks, threats, and vulnerabilities for specified public transportation infrastructure assets. Modifies provisions regarding the National Strategy for Transportation Security to require: (1) risk-based priorities to be based on vulnerability assessments conducted by DHS; (2) the strategic plan to include the roles and missions of local and tribal authorities and the establishment of mechanisms for encouraging cooperation and participation by nonprofit employee labor organizations; (3) delineation of prevention responsibilities and issues regarding threatened and executed acts of terrorism within the United States; and (4) DHS research and development projects to be based on the prioritization of research and development objectives that support transportation security needs.

Requires periodic reports to include an assessment of progress on implementing transportation modal security plans, an accounting of all funds expended by DHS on transportation security, and information on the number of DHS employees working on transportation security issues and on employee turnover in the previous year. Requires the Secretary, before carrying out a transportation security activity that is not clearly delineated in the Strategy, to submit to appropriate committees a written explanation of the activity, including the amount to be expended. Directs the Secretary to provide an unclassified version of the Strategy to federal, state, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), and institutions of higher learning.

Title XI – Private Sector Preparedness

Section 1101 –

Amends HSA to direct the Secretary to: (1) develop and implement a program to enhance private sector preparedness for acts of terrorism and other emergencies and disasters through the promotion of the use of voluntary consensus standards; (2) develop guidance and identify best practices to assist action by the private sector in identifying hazards, assessing risks and impacts, and developing mutual aid agreements; and (3) support the development of, promulgate, and regularly update national voluntary consensus standards that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as practicable.

Subtitle A – Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism

Section 1211 –

Repeals limitations on assistance for prevention of weapons of mass destruction (WMD) proliferation and terrorism under the Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the National Defense Authorization Act for Fiscal Year 2000 (regarding Russian chemical weapons destruction facilities).

Modifies the National Defense Authorization Act for Fiscal Year 2004 regarding authority to use Cooperative Threat Reduction funds outside the former Soviet Union. Authorizes the Secretary of Defense (currently, the President) to obligate and expend such funds. Substitutes the Secretary for the President in other actions required, allowed, or prohibited. Repeals a $50 million cap on the amount obligated in a fiscal year. Requires congressional notification 15 days (currently, 10 days) after obligation of funds, except in the case of a situation that threatens human life or safety or where a delay would severely undermine national security. Makes similar changes to provisions of that Act regarding authority to use international nuclear materials protection and cooperation program funds outside the former Soviet Union.

Subtitle B – Proliferation Security Initiative

Section 1221 –

Expresses the sense of Congress that the President should strive to expand and strengthen the Proliferation Security Initiative (PSI) announced on May 31, 2003. Directs: (1) the Secretaries of State and Defense to submit a defined budget for PSI beginning with budget submissions for FY2009; (2) the President to transmit an implementation report to specified committees; and (3) GAO to submit to Congress an annual report with its assessment of the progress and effectiveness of PSI.

Section 1222 –

Authorizes the President to provide specified assistance under the Arms Export Control Act and the Foreign Assistance Act of 1961 to any country that cooperates with the United States and its allies to prevent the transport and transshipment of items of proliferation concern, subject to restrictions involving congressional notification, a three fiscal year limit, and uses of assistance.

Declares that it is U.S. policy to eliminate obstacles to the timely obligation and execution of the full amount of appropriated funds for threat reduction and nonproliferation programs with concrete measures to accelerate and strengthen progress on preventing WMD proliferation and terrorism.

Section 1232 –

Authorizes appropriations to: (1) the Department of Defense (DOD) Cooperative Threat Reduction Program for specified purposes, including chemical weapons destruction in Russia; and (2) the Department of Energy (DOE) National Nuclear Security Administration for programs to prevent WMD proliferation and terrorism, to accelerate, expand, and strengthen the Global Threat Reduction Initiative, the Nonproliferation and International Security Program, the International Materials Protection, Control and Accounting Program, and the Research and Development Program.

Subtitle D – Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

Section 1241 –

Establishes within the Executive Office of the President the Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism, who shall: (1) serve as the advisor to the President on all matters relating to the prevention of WMD proliferation and terrorism; (2) formulate a U.S. strategy for preventing WMD proliferation and terrorism; (3) lead interagency coordination of U.S. efforts to implement the strategy and policies; (4) conduct oversight and evaluation of accelerated and strengthened implementation of initiatives and programs to prevent WMD proliferation and terrorism by government agencies; and (5) oversee the development of a comprehensive and coordinated budget for programs and initiatives to prevent WMD proliferation and terrorism. Directs the Coordinator to report annually on strategy and policies.

Section 1242 –

Expresses the sense of Congress that the President should personally request the President of the Russian Federation to designate an official with the same responsibilities with whom the Coordinator should coordinate planning and implementation of activities in the Russian Federation to prevent WMD proliferation and terrorism.

Subtitle E – Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

Section 1251 –

Establishes the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism to: (1) assess current prevention activities, initiatives, and programs; and (2) provide a clear and comprehensive strategy and concrete recommendations for such activities, initiatives, and programs.

Directs the Commission to: (1) give particular attention to activities, initiatives, and programs to secure all nuclear weapons-usable material around the world; (2) significantly accelerate, expand, and strengthen U.S. and international efforts to prevent, stop, and counter the spread of nuclear weapons capabilities and related equipment, material, and technology to terrorists and states of concern; (3) address the roles, mission, and structure of all relevant government agencies and other actors, interagency coordination, U.S. commitments to international regimes and cooperation with other countries, and the threat of WMD proliferation and terrorism to the United States and its interests and allies; (4) reassess, update, and expand on the conclusions and recommendations of the Baker-Cutler Report; and (5) submit a final report on corrective measures to the President and Congress.

Directs the President to impose sanctions for specified transfers of nuclear enrichment, reprocessing, and weapons technology, equipment, and materials involving foreign persons and terrorists, subject to a waiver.

Section 1312 –

Directs the President to submit annual reports to the appropriate committees on any activity by a foreign person involving such transfers and any sanctions imposed.

Directs the President to instruct all U.S. government agencies to try to persuade foreign governments and relevant corporations not to engage in any business transaction with a sanctioned foreign person or any parent or subsidiary of such person. Directs the Secretary of State to: (1) coordinate U.S. government actions; and (2) report annually to the appropriate committees.

Subtitle C – Rollback of Nuclear Proliferation Networks

Section 1331 –

Declares that U.S. foreign assistance should only be provided to countries that: (1) are not cooperating with any non-nuclear-weapon state or any foreign group or individual who may be engaging in, planning, or assisting any international terrorist group in the development of a nuclear explosive device or its means of delivery and are taking all necessary measures to prevent their nationals from participating in such cooperation; and (2) are fully cooperating with U.S. efforts to eliminate nuclear black-market networks or activities.

Section 1322 –

Requires the President to: (1) report to Congress identifying nuclear proliferation network host countries; and (2) suspend arms sales licenses and deliveries to such countries, subject to a national security waiver.

Declares that it is U.S. policy to: (1) work and provide incentives to increase the availability of modern basic education through public schools in Arab and predominantly Muslim countries; (2) join other countries in supporting the International Arab and Muslim Youth Opportunity Fund; and (3) work to prevent financing of educational institutions that support radical Islamic fundamentalism.

Section 1412 –

Amends IRTPA to authorize the President to establish an International Arab and Muslim Youth Opportunity Fund as a separate fund in the Treasury or through an international organization or financial institution, to support programs to improve the educational environment in Arab and predominantly Muslim countries. Includes among such programs the provision of assistance: (1) to enhance modern educational programs; (2) for training and exchange programs for teachers, administrators, and students; (3) targeting primary and secondary students; and (4) for development of youth professionals. Authorizes appropriations. Requires the President to report to appropriate committees on U.S. efforts to assist in the improvement of educational opportunities for Arab and predominantly Muslim children and youths, including progress made toward establishing the Fund.

Section 1413 –

Requires the Secretary of State to report annually on efforts of Arab and predominantly Muslim countries to increase the availability of modern basic education and to close educational institutions that promote religious extremism and terrorism.

Section 1414 –

Makes permanent the pilot program under IRTPA to provide grants to American-sponsored schools in Arab and predominantly Muslim countries.

Subtitle B – Democracy and Development in Arab and Predominantly Muslim Countries

Section 1421 –

Declares that it is U.S. policy to: (1) promote specified objectives, including democracy, the rule of law, sustainable development, independent media, and women’s rights, in the countries of the Middle East, Central Asia, South Asia, and Southeast Asia; (2) provide assistance and resources to, and design strategies for, individuals and organizations in those countries that are committed to promoting such objectives; and (3) work with other countries and international organizations to increase the resources devoted to promoting such objectives. Directs the Secretary of State to submit to appropriate committees a report with a country-by-country five-year strategy to promote this policy.

Section 1422 –

Authorizes the Secretary of State to: (1) designate a private, nonprofit organization as the Middle East Foundation; (2) provide funding to it through the Department of State’s Middle East Partnership Initiative; and (3) require it to use such funds for grants to persons or non-governmental entities located or working in the Middle East to carry out projects that support such objectives. Sets forth provisions regarding grant applications, the private character of the Foundation, financial accountability, and annual reports.

Subtitle C – Restoring United States Moral Leadership

Section 1431 –

Expresses the sense of Congress that: (1) the United States needs to improve its communication of information and ideas to people in foreign countries, particularly those with significant Muslim populations; (2) public diplomacy should reaffirm the U.S. commitment to democratic principles; and (3) expansion of U.S. international broadcasting would provide a cost-effective means of improving communication with countries with significant Muslim populations.

Amends the United States International Broadcasting Act of 1994 to grant the President special surge capacity for international broadcasting to support U.S. foreign policy objectives during a crisis abroad. Authorizes appropriations to a United States International Broadcasting Surge Capacity Fund. Requires the Broadcasting Board of Governors’ annual report to the President and Congress to describe activities carried out under this section. Authorizes appropriations for U.S. international broadcasting activities.

Section 1432 –

Directs the Secretary of State to submit to the appropriate committees a report on the recommendations of the National Commission on Terrorist Attacks Upon the United States and policy goals described in IRTPA for expanding U.S. scholarship, exchange, and library programs in Arab and predominantly Muslim countries, including certification requirements that recommendations have been implemented and goals achieved.

Section 1433 –

Directs the Secretary of State to submit to the relevant committees a report on any progress toward implementing the recommendations of the 9/11 Commission for engaging U.S. allies to develop a common coalition approach toward the detention and humane treatment of individuals detained during Operation Iraqi Freedom, Operation Enduring Freedom, or in connection with U.S. counterterrorist operations.

Subtitle D – Strategy for the United States Relationship with Afghanistan, Pakistan, and Saudi Arabia

Section 1441 –

Declares that it is U.S. policy that: (1) the United States shall vigorously support the Afghan government; and (2) the President shall engage with that government and NATO partners to assess the success of the Afghan counter-narcotics strategy and explore all additional options.

Urges the reauthorization and updating of the Afghanistan Freedom Support Act of 2002.

Directs the President to increase the number of U.S. police personnel operating with Afghanistan civil security forces and increase efforts to assist the Afghan government in fighting corruption. Sets forth reporting requirements. Authorizes the President to provide assistance for the acquisition of emergency energy resources to secure the delivery of electricity to Kabul and other major Afghan cities and provinces. Authorizes appropriations.

Section 1442 –

Declares that it is U.S. policy to: (1) work with the Pakistani government to combat international terrorism; (2) establish a long-term strategic partnership with that government in addressing specified critical issues, including curbing the proliferation of nuclear weapons technology, combating poverty and corruption, and promoting democracy; (3) increase the funding for programs of the Agency for International Development (AID) and the State Department that assist that government in addressing such issues if that government demonstrates a commitment to building a moderate, democratic state; and (4) work with the international community to secure additional financial and political support to implement policies set forth in this section and to resolve the dispute between the Pakistani and Indian governments over Kashmir.

Directs the President to report to the appropriate committees on long-term U.S. strategy relating to Pakistan. Prohibits specified military assistance under the Arms Export Control Act and the Foreign Assistance Act of 1961 to Pakistan until 15 days after the President certifies that the Pakistani government is making all possible efforts to prevent the Taliban from operating in areas under its sovereign control, subject to a national security waiver.

Expresses the sense of Congress that the U.S. national security interest will best be served if the United States implements a long-term strategy to improve the U.S. relationship with Pakistan and works with its government to stop nuclear proliferation. Authorizes appropriations for a variety of other assistance for Pakistan for FY2008. Extends presidential authority to waive foreign assistance restrictions regarding Pakistan for FY 2007-FY2008. Expresses the sense of Congress that determinations to provide such extensions beyond that period should be informed by the pace of democratic reform, extension of the rule of law, and the conduct of parliamentary elections scheduled for 2007.

Section 1443 –

Declares that it is U.S. policy to: (1) engage with the Saudi government to openly confront the issue of terrorism and other problematic issues, such as the lack of political freedoms; (2) enhance counterterrorism cooperation with that government if its leaders are committed to making a serious, sustained effort to combat terrorism; and (3) support efforts of that government to make political, economic, and social reforms.

Directs the President to report to the appropriate committees on progress on the Strategic Dialogue between the United States and Saudi Arabia, including progress toward implementing long-term U.S. strategy to: (1) engage with that government to facilitate such reforms; and (2) work with that government to combat terrorism.

Sources and Citations

The information contained in this report was drawn from a variety of sources including: